SEC. 1401
PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
Section Summary
ESSA Update
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT-RISK
SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND
YOUTH WHO ARE NEGLECTED, DELINQUENT, OR
AT-RISK.
Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) <<NOTE: 20 USC 6421.>> in section 1401(a)--
(A) in paragraph (1)--
(i) by inserting ``, tribal,'' after ``youth
in local''; and
(ii) by striking ``challenging State academic
content standards and challenging State student
academic achievement standards'' and inserting
``challenging State academic standards''; and
(B) in paragraph (3), by inserting ``and the
involvement of their families and communities'' after
``to ensure their continued education'';
(2) in section 1412(b), <<NOTE: 20 USC 6432.>> by striking
paragraph (2) and inserting the following:
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.'';
(3) <<NOTE: 20 USC 6434.>> in section 1414--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking ``from
correctional facilities to locally operated
programs'' and inserting ``between correctional
facilities and locally operated programs''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``the
program goals, objectives, and
performance measures established
by the State'' and inserting
``the program objectives and
outcomes established by the
State''; and
(bb) by striking
``vocational'' and inserting
``career'';
(II) in subparagraph (B), by
striking ``and'' after the semicolon;
(III) by redesignating subparagraph
(C) as subparagraph (D);
(IV) by inserting after subparagraph
(B) the following:
``(C) describe how the State will place a priority
for such children to attain a regular high school
diploma, to the extent feasible;'';
(V) in subparagraph (D), as
redesignated by subclause (III)--
(aa) in clause (i), by
inserting ``and'' after the
semicolon;
(bb) by striking clause (ii)
and redesignating clause (iii)
as clause (ii); and
(cc) by striking clause
(iv); and
(VI) by adding at the end the
following:
[[Page 129 STAT. 1901]]
``(E) provide assurances that the State educational
agency has established--
``(i) procedures to ensure the timely re-
enrollment of each student who has been placed in
the juvenile justice system in secondary school or
in a re-entry program that best meets the needs of
the student, including the transfer of credits
that such student earns during placement; and
``(ii) opportunities for such students to
participate in credit-bearing coursework while in
secondary school, postsecondary education, or
career and technical education programming.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``and, to
the extent practicable, provide for such
assessment upon entry into a correctional
facility'' after ``to be served under this
subpart'';
(ii) in paragraph (6)--
(I) by striking ``carry out the
evaluation requirements of section 9601
and how'' and inserting ``use'';
(II) by inserting ``under section
8601'' after ``recent evaluation''; and
(III) by striking ``will be used'';
(iii) in paragraph (7), by striking ``section
9521'' and inserting ``section 8521'';
(iv) paragraph (8)--
(I) by striking ``Public Law 105-
220'' and inserting ``the Workforce
Innovation and Opportunity Act''; and
(II) by striking ``vocational'' and
inserting ``career'';
(v) in paragraph (9)--
(I) by inserting ``and after'' after
``prior to''; and
(II) by inserting ``in order to
facilitate the transition of such
children and youth between the
correctional facility and the local
educational agency or alternative
education program'' after ``the local
educational agency or alternative
education program'';
(vi) in paragraph (11), by striking
``transition of children and youth from such
facility or institution to'' and inserting
``transition of such children and youth between
such facility or institution and'';
(vii) in paragraph (16)--
(I) by inserting ``and attain a
regular high school diploma'' after ``to
encourage the children and youth to
reenter school''; and
(II) by striking ``achieve a
secondary school diploma'' and inserting
``attain a regular high school
diploma'';
(viii) in paragraph (17), by inserting
``certified or licensed'' after ``provides an
assurance that'';
(ix) in paragraph (18), by striking ``and''
after the semicolon;
[[Page 129 STAT. 1902]]
(x) in paragraph (19), by striking the period
at the end and inserting ``; and''; and
(xi) by adding at the end the following:
``(20) describes how the State agency will, to the extent
feasible--
``(A) note when a youth has come into contact with
both the child welfare and juvenile justice systems; and
``(B) deliver services and interventions designed to
keep such youth in school that are evidence-based (to
the extent a State determines that such evidence is
reasonably available).'';
(4) in section 1415 <<NOTE: 20 USC 6435.>> --
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking
``vocational or technical training'' and inserting
``career and technical education''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (A) and
inserting the following:
``(A) may include--
``(i) the acquisition of equipment;
``(ii) pay-for-success initiatives; or
``(iii) providing targeted services for youth
who have come in contact with both the child
welfare system and juvenile justice system;'';
(II) in subparagraph (B)--
(aa) in clause (i), by
striking ``the State's
challenging academic content
standards and student academic
achievement standards'' and
inserting ``the challenging
State academic standards'';
(bb) in clause (ii), by
striking ``supplement and
improve'' and inserting
``respond to the educational
needs of such children and
youth, including by
supplementing and improving'';
and
(cc) in clause (iii)--
(AA) by striking
``challenging State academic
achievement standards'' and
inserting ``challenging
State academic standards'';
and
(BB) by inserting
``and'' after the semicolon;
(III) in subparagraph (C)--
(aa) by striking ``section
1120A and part I'' and inserting
``section 1118 and part F''; and
(bb) by striking ``; and''
and inserting a period; and
(IV) by striking subparagraph (D);
and
(B) in subsection (b), by striking ``section 1120A''
and inserting ``section 1118'';
(5) in section 1416 <<NOTE: 20 USC 6436.>> --
(A) in paragraph (3)--
[[Page 129 STAT. 1903]]
(i) by striking ``challenging State academic
content standards and student academic achievement
standards'' and inserting ``challenging State
academic standards''; and
(ii) by striking ``complete secondary school,
attain a secondary diploma'' and inserting
``attain a regular high school diploma'';
(B) in paragraph (4)--
(i) by striking ``pupil'' and inserting
``specialized instructional support''; and
(ii) by inserting ``, and how relevant and
appropriate academic records and plans regarding
the continuation of educational services for such
children or youth are shared jointly between the
State agency operating the institution or program
and local educational agency in order to
facilitate the transition of such children and
youth between the local educational agency and the
State agency'' after ``children and youth
described in paragraph (1)''; and
(C) in paragraph (6), by striking ``student
progress'' and inserting ``and improve student
achievement'';
(6) in section 1418(a) <<NOTE: 20 USC 6438.>> --
(A) by striking paragraph (1) and inserting the
following:
``(1) projects that facilitate the transition of children
and youth between State-operated institutions, or institutions
in the State operated by the Secretary of the Interior, and
schools served by local educational agencies or schools operated
or funded by the Bureau of Indian Education; or''; and
(B) in paragraph (2)--
(i) by striking ``vocational'' each place the
term appears and inserting ``career''; and
(ii) in the matter preceding subparagraph (A),
by striking ``secondary'' and inserting ``regular
high'';
(7) in section 1419 <<NOTE: 20 USC 6439.>> --
(A) by striking the section heading and inserting
``technical assistance''; and
(B) by striking ``for a fiscal year'' and all that
follows through ``to provide'' and inserting ``for a
fiscal year to provide'';
(8) in section 1421(3) <<NOTE: 20 USC 6451.>> , by inserting
``, including schools operated or funded by the Bureau of Indian
Education,'' after ``local schools'';
(9) in section 1422(d) <<NOTE: 20 USC 6452.>> , by striking
``impact on meeting the transitional'' and inserting ``impact on
meeting such transitional'';
(10) in section 1423 <<NOTE: 20 USC 6453.>> --
(A) in paragraph (2)(B), by inserting ``, including
such facilities operated by the Secretary of the
Interior and Indian tribes'' after ``the juvenile
justice system'';
(B) by striking paragraph (4) and inserting the
following:
``(4) a description of the program operated by participating
schools to facilitate the successful transition of children and
youth returning from correctional facilities and, as
appropriate, the types of services that such schools will
provide such children and youth and other at-risk children and
youth;'';
[[Page 129 STAT. 1904]]
(C) in paragraph (7)--
(i) by inserting ``institutions of higher
education or'' after ``partnerships with''; and
(ii) by striking ``develop training,
curriculum-based youth entrepreneurship
education'' and inserting ``facilitate
postsecondary and workforce success for children
and youth returning from correctional facilities,
such as through participation in credit-bearing
coursework while in secondary school, enrollment
in postsecondary education, participation in
career and technical education programming'';
(D) in paragraph (8), by inserting ``and family
members'' after ``will involve parents'';
(E) in paragraph (9), by striking ``vocational'' and
inserting ``career''; and
(F) in paragraph (13), by striking ``regular'' and
inserting ``traditional'';
(11) in section 1424 <<NOTE: 20 USC 6454.>> --
(A) in the matter before paragraph (1), by striking
``Funds provided'' and inserting the following:
``(a) In General.--Funds provided'';
(B) in paragraph (2), by striking ``, including''
and all that follows through ``gang members'';
(C) in paragraph (4)--
(i) by striking ``vocational'' and inserting
``career''; and
(ii) by striking ``and'' after the semicolon;
and
(D) in paragraph (5), by striking the period at the
end and inserting a semicolon;
(E) by inserting the following after paragraph (5):
``(6) programs for at-risk Indian children and youth,
including such children and youth in correctional facilities in
the area served by the local educational agency that are
operated by the Secretary of the Interior or Indian tribes; and
``(7) pay for success initiatives.''; and
(F) by inserting after paragraph (7) the following:
``(b) Contracts and Grants.--A local educational agency may use a
subgrant received under this subpart to carry out the activities
described under paragraphs (1) through (7) of subsection (a) directly or
through subgrants, contracts, or cooperative agreements.'';
(12) in section 1425 <<NOTE: 20 USC 6455.>> --
(A) in paragraph (4)--
(i) by inserting ``and attain a regular high
school diploma'' after ``reenter school''; and
(ii) by striking ``a secondary school
diploma'' and inserting ``a regular high school
diploma'';
(B) in paragraph (6), by striking ``high academic
achievement standards'' and inserting ``the challenging
State academic standards'';
(C) in paragraph (9), by striking ``vocational'' and
inserting ``career'';
(D) in paragraph (10), by striking ``and'' after the
semicolon;
(E) in paragraph (11), by striking the period at the
end and inserting a semicolon; and
(F) by adding at the end the following:
[[Page 129 STAT. 1905]]
``(12) upon the child's or youth's entry into the
correctional facility, work with the child's or youth's family
members and the local educational agency that most recently
provided services to the child or youth (if applicable) to
ensure that the relevant and appropriate academic records and
plans regarding the continuation of educational services for
such child or youth are shared jointly between the correctional
facility and local educational agency in order to facilitate the
transition of such children and youth between the local
educational agency and the correctional facility; and
``(13) consult with the local educational agency for a
period jointly determined necessary by the correctional facility
and local educational agency upon discharge from that facility,
to coordinate educational services so as to minimize disruption
to the child's or youth's achievement.'';
(13) in section 1426 <<NOTE: 20 USC 6456.>> --
(A) in paragraph (1), by striking ``reducing dropout
rates for male students and for female students over a
3-year period'' and inserting ``the number of children
and youth attaining a regular high school diploma or its
recognized equivalent''; and
(B) in paragraph (2)--
(i) by striking ``obtaining a secondary school
diploma'' and inserting ``attaining a regular high
school diploma''; and
(ii) by striking ``obtaining employment'' and
inserting ``attaining employment'';
(14) in section 1431(a) <<NOTE: 20 USC 6471.>> --
(A) in the matter preceding paragraph (1), by
inserting ``while protecting individual student
privacy,'' after ``age'';
(B) striking ``secondary'' each place the term
appears and inserting ``high'';
(C) in paragraph (1), by inserting ``and to graduate
from high school in the number of years established by
the State under either the four-year adjusted cohort
graduation rate or the extended-year adjusted cohort
graduation rate, if applicable'' after ``educational
achievement''; and
(D) in paragraph (3), by inserting ``or school
operated or funded by the Bureau of Indian Education''
after ``local educational agency''; and
(15) in section 1432(2) <<NOTE: 20 USC 6472.>> --
(A) by inserting ``dependency adjudication, or
delinquency adjudication,'' after ``failure,'';
(B) by striking ``has limited English proficiency''
and inserting ``is an English learner''; and
(C) by inserting ``or child welfare system'' after
``juvenile justice system''.
NCLB Text
``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
``SEC. <<NOTE: 20 USC 6421.>> 1401. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this part--
``(1) to improve educational services for children and youth
in local and State institutions for neglected or delinquent
children and youth so that such children and youth have the
opportunity to meet the same challenging State academic content
standards and challenging State student academic achievement
standards that all children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from institutionalization
to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning from
correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure
their continued education.
``(b) Program Authorized.--In order to carry out the purpose of this
part and from amounts appropriated under section 1002(d), the Secretary
shall make grants to State educational agencies to enable such agencies
to award subgrants to State agencies and local educational agencies to
establish or improve programs of education for neglected, delinquent, or
at-risk children and youth.
``SEC. <<NOTE: 20 USC 6422.>> 1402. PAYMENTS FOR PROGRAMS UNDER THIS
PART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1412, the Secretary shall allocate to each State
educational agency an amount necessary to make subgrants to State
agencies under subpart 1.
``(b) Local Subgrants.--Each State shall retain, for the purpose of
carrying out subpart 2, funds generated throughout the State under part
A of this title based on children and youth residing in local
correctional facilities, or attending community day programs for
delinquent children and youth.
[[Page 115 STAT. 1581]]
``Subpart 1--State Agency Programs
``SEC. <<NOTE: 20 USC 6431.>> 1411. ELIGIBILITY.
``A State agency is eligible for assistance under this subpart if
such State agency is responsible for providing free public education for
children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. <<NOTE: 20 USC 6432.>> 1412. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1411 (other than an agency in the Commonwealth of Puerto Rico)
is eligible to receive a subgrant under this subpart, for each
fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent children
and youth described in section 1411 who--
``(i) are enrolled for at least 15 hours per
week in education programs in adult correctional
institutions; and
``(ii) are enrolled for at least 20 hours per
week--
``(I) in education programs in
institutions for neglected or delinquent
children and youth; or
``(II) in community day programs for
neglected or delinquent children and
youth; and
``(B) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this subparagraph shall not be less
than 32 percent, nor more than 48 percent, of the
average per-pupil expenditure in the United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a
deadline set by the Secretary, except that no State
agency shall be required to determine the number of such
children and youth on a specific date set by the
Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such
agency's annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto Rico
shall be eligible to receive under this subpart shall be the
amount determined by multiplying the number of children counted
under subsection (a)(1)(A) for the Commonwealth of Puerto Rico
by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50
States; and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
[[Page 115 STAT. 1582]]
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal
years, 85.0 percent.
``(3) Limitation.--If the application of paragraph (2) would
result in any of the 50 States or the District of Columbia
receiving less under this subpart than it received under this
subpart for the preceding fiscal year, then the percentage
described in paragraph (1)(A) that is used for the Commonwealth
of Puerto Rico for the fiscal year for which the determination
is made shall be the greater of--
``(A) the percentage in paragraph (1)(A) for such
fiscal year; or
``(B) the percentage used for the preceding fiscal
year.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--If
the amount appropriated for any fiscal year for subgrants under
subsections (a) and (b) is insufficient to pay the full amount for which
all State agencies are eligible under such subsections, the Secretary
shall ratably reduce each such amount.
``SEC. <<NOTE: 20 USC 6433.>> 1413. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this subpart for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this part, in such amounts as the State educational agency
shall determine.
``SEC. <<NOTE: 20 USC 6434.>> 1414. STATE PLAN AND STATE AGENCY
APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall submit, for
approval by the Secretary, a plan--
``(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children
and youth from correctional facilities to locally
operated programs; and
``(C) that is integrated with other programs under
this Act or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will
be used to assess the effectiveness of the program in
improving the academic, vocational, and technical skills
of children in the program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to achieve as
such children would have if such children were in the
schools of local educational agencies in the State; and
``(C) contain an assurance that the State
educational agency will--
``(i) ensure that programs assisted under this
subpart will be carried out in accordance with the
State plan described in this subsection;
[[Page 115 STAT. 1583]]
``(ii) carry out the evaluation requirements
of section 1431;
``(iii) ensure that the State agencies
receiving subgrants under this subpart comply with
all applicable statutory and regulatory
requirements; and
``(iv) provide such other information as the
Secretary may reasonably require.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this part; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this part.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve
each State plan that meets the requirements of this subpart.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this subpart shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this subpart;
``(2) provide an assurance that in making services available
to children and youth in adult correctional institutions,
priority will be given to such children and youth who are likely
to complete incarceration within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided to
the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of institution-
wide projects under section 1416 are of high quality;
``(6) describes how the State agency will carry out the
evaluation requirements of section 9601 and how the results of
the most recent evaluation will be used to plan and improve the
program;
``(7) includes data showing that the State agency has
maintained the fiscal effort required of a local educational
agency, in accordance with section 9521;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs
under title I of Public Law 105-220, vocational and technical
education programs, State and local dropout prevention programs,
and special education programs;
``(9) describes how the State agency will encourage
correctional facilities receiving funds under this subpart to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and youth
prior to their incarceration to ensure that student assessments
and appropriate academic records are shared jointly between the
[[Page 115 STAT. 1584]]
correctional facility and the local educational agency or
alternative education program;
``(10) describes how appropriate professional development
will be provided to teachers and other staff;
``(11) designates an individual in each affected
correctional facility or institution for neglected or delinquent
children and youth to be responsible for issues relating to the
transition of children and youth from such facility or
institution to locally operated programs;
``(12) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(13) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or institution
for neglected or delinquent children and youth;
``(14) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement in
delinquent activities;
``(15) provides an assurance that the State agency will work
with children and youth with disabilities in order to meet an
existing individualized education program and an assurance that
the agency will notify the child's or youth's local school if
the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the correctional
facility or institution for neglected or delinquent
children and youth; and
``(B) intends to return to the local school;
``(16) provides an assurance that the State agency will work
with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children and
youth to reenter school once the term of the incarceration is
completed or provide the child or youth with the skills
necessary to gain employment, continue the education of the
child or youth, or achieve a secondary school diploma or its
recognized equivalent if the child or youth does not intend to
return to school;
``(17) provides an assurance that teachers and other
qualified staff are trained to work with children and youth with
disabilities and other students with special needs taking into
consideration the unique needs of such students;
``(18) describes any additional services to be provided to
children and youth, such as career counseling, distance
learning, and assistance in securing student loans and grants;
and
``(19) provides an assurance that the program under this
subpart will be coordinated with any programs operated under the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
[[Page 115 STAT. 1585]]
``SEC. <<NOTE: 20 USC 6435.>> 1415. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this subpart only for programs and projects that--
``(A) are consistent with the State plan under
section 1414(a); and
``(B) concentrate on providing participants with the
knowledge andskills needed to make a successful
transition to secondary school completion, vocational or
technical training, further education, or employment.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational
services that--
``(i) except for institution-wide projects
under section 1416, are provided to children and
youth identified by the State agency as failing,
or most at-risk of failing, to meet the State's
challenging academic content standards and student
academic achievement standards;
``(ii) supplement and improve the quality of
the educational services provided to such children
and youth by the State agency; and
``(iii) afford such children and youth an
opportunity to meet challenging State academic
achievement standards;
``(C) shall be carried out in a manner consistent
with section 1120A and part I (as applied to programs
and projects under this part); and
``(D) may include the costs of meeting the
evaluation requirements of section 9601.
``(b) Supplement, Not Supplant.--A program under this subpart that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant requirement of section 1120A (as applied to
this part) without regard to the subject areas in which instruction is
given during those hours.
``SEC. <<NOTE: 20 USC 6436.>> 1416. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children and
youth (other than an adult correctional institution) or attending a
community-day program for such children and youth may use funds received
under this subpart to serve all children in, and upgrade the entire
educational effort of, that institution or program if the State agency
has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the institution
or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children and youth under age 21
[[Page 115 STAT. 1586]]
with the opportunity to meet challenging State academic content
standards and student academic achievement standards in order to
improve the likelihood that the children and youth will complete
secondary school, attain a secondary diploma or its recognized
equivalent, or find employment after leaving the institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described in
paragraph (1), including, to the extent feasible, the provision
of mentors for the children and youth described in paragraph
(1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions or
community-day programs for neglected or delinquent children and
youth, and with personnel from the State educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. <<NOTE: 20 USC 6437.>> 1417. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this subpart
in which individual children or youth are likely to participate for more
than 1 year, the State educational agency may approve the State agency's
application for a subgrant under this subpart for a period of not more
than 3 years.
``SEC. <<NOTE: 20 USC 6438.>> 1418. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not less
than 15 percent and not more than 30 percent of the amount such agency
receives under this subpart for any fiscal year to support--
``(1) projects that facilitate the transition of children
and youth from State-operated institutions to schools served by
local educational agencies; or
``(2) the successful reentry of youth offenders, who are age
20 or younger and have received a secondary school diploma or
its recognized equivalent, into postsecondary education, or
vocational and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for,
postsecondary education, or vocational and technical training
programs, such as--
``(A) preplacement programs that allow adjudicated
or incarcerated youth to audit or attend courses on
college, university, or community college campuses, or
through programs provided in institutional settings;
``(B) worksite schools, in which institutions of
higher education and private or public employers partner
to create programs to help students make a successful
transition to postsecondary education and employment;
and
``(C) essential support services to ensure the
success of the youth, such as--
[[Page 115 STAT. 1587]]
``(i) personal, vocational and technical, and
academic, counseling;
``(ii) placement services designed to place
the youth in a university, college, or junior
college program;
``(iii) information concerning, and assistance
in obtaining, available student financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private nonprofit organizations.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth simultaneously
with students with similar educational needs, in the same educational
settings where appropriate.
``SEC. <<NOTE: 20 USC 6439.>> 1419. EVALUATION; TECHNICAL ASSISTANCE;
ANNUAL MODEL PROGRAM.
``The Secretary may reserve not more than 2.5 percent of the amount
made available to carry out this subpart for a fiscal year--
``(1) to develop a uniform model to evaluate the
effectiveness of programs assisted under this subpart; and
``(2) to provide technical assistance to and support the
capacity building of State agency programs assisted under this
subpart.
``Subpart 2--Local Agency Programs
``SEC. <<NOTE: 20 USC 6451.>> 1421. PURPOSE.
``The purpose of this subpart is to support the operation of local
educational agency programs that involve collaboration with locally
operated correctional facilities--
``(1) to carry out high quality education programs to
prepare children and youth for secondary school completion,
training, employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to further
education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs which
may serve at-risk children and youth.
``SEC. <<NOTE: 20 USC 6452.>> 1422. PROGRAMS OPERATED BY LOCAL
EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under section
1402(b), the State educational agency shall award subgrants to local
educational agencies with high numbers or percentages of children and
youth residing in locally operated (including county operated)
correctional facilities for children and youth (including facilities
involved in community day programs).
``(b) Special Rule.--A local educational agency that serves a school
operated by a correctional facility is not required to operate a program
of support for children and youth returning from such school to a school
that is not operated by a correctional agency but served by such local
educational agency, if more than 30 percent of the children and youth
attending the school operated by the
[[Page 115 STAT. 1588]]
correctional facility will reside outside the boundaries served by the
local educational agency after leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this subpart.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
subpart shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services to
students at-risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. <<NOTE: 20 USC 6453.>> 1423. LOCAL EDUCATIONAL AGENCY
APPLICATIONS.
``Each local educational agency desiring assistance under this
subpart shall submit an application to the State educational agency that
contains such information as the State educational agency may require.
Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving children and youth involved with the
juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth are
participating in an education program comparable to one
operating in the local school such youth would attend;
``(4) a description of the program operated by participating
schools for children and youth returning from correctional
facilities and, as appropriate, the types of services that such
schools will provide such children and youth and other at-risk
children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
special needs) of the children and youth who will be returning
from correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and a
description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities, at-risk children or youth, and other participating
children or youth, including prenatal health care and nutrition
services related to the health of the parent and the child or
youth, parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to community
resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships with
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for
participating students;
[[Page 115 STAT. 1589]]
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-220
and vocational and technical education programs serving at-risk
children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs of
children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth interested in continuing their education
but unable to participate in a regular public school program.
``SEC. <<NOTE: 20 USC 6454.>> 1424. USES OF FUNDS.
``Funds provided to local educational agencies under this subpart
may be used, as appropriate, for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school environment
and help them remain in school in order to complete their
education;
``(2) dropout prevention programs which serve at-risk
children and youth, including pregnant and parenting teens,
children and youth who have come in contact with the juvenile
justice system, children and youth at least 1 year behind their
expected grade level, migrant youth, immigrant youth, students
with limited English proficiency, and gang members;
``(3) the coordination of health and social services for
such individuals if there is a likelihood that the provision of
such services, including day care, drug and alcohol counseling,
and mental health services, will improve the likelihood such
individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including vocational and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for postsecondary
education; and
``(5) programs providing mentoring and peer mediation.
``SEC. <<NOTE: 20 USC 6455.>> 1425. PROGRAM REQUIREMENTS FOR
CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a local
educational agency under section 1423(2) to provide services to children
and youth under this subpart shall--
[[Page 115 STAT. 1590]]
``(1) where feasible, ensure that educational programs in
the correctional facility are coordinated with the student's
home school, particularly with respect to a student with an
individualized education program under part B of the Individuals
with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional facility,
notify the local school of the child or youth of such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and family
counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to reenter school once
their term at the correctional facility has been completed, or
provide such children and youth with the skills necessary to
gain employment or seek a secondary school diploma or its
recognized equivalent;
``(5) work to ensure that the correctional facility is
staffed with teachers and other qualified staff who are trained
to work with children and youth with disabilities taking into
consideration the unique needs of such children and youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet high academic
achievement standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this subpart with
other local, State, and Federal funds available to provide
services to participating children and youth, such as funds made
available under title I of Public Law 105-220, and vocational
and technical education funds;
``(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
``(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education, and
mentoring programs for children and youth.
``SEC. <<NOTE: 20 USC 6456.>> 1426. ACCOUNTABILITY.
``The State educational agency may--
``(1) reduce or terminate funding for projects under this
subpart if a local educational agency does not show progress in
reducing dropout rates for male students and for female students
over a 3-year period; and
``(2) require correctional facilities or institutions for
neglected or delinquent children and youth to demonstrate, after
receiving assistance under this subpart for 3 years, that there
has been an increase in the number of children and youth
returning to school, obtaining a secondary school diploma
[[Page 115 STAT. 1591]]
or its recognized equivalent, or obtaining employment after such
children and youth are released.
``Subpart 3--General Provisions
``SEC. <<NOTE: 20 USC 6471.>> 1431. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under subpart 1 or 2 shall evaluate the
program, disaggregating data on participation by gender, race,
ethnicity, and age, not less than once every 3 years, to determine the
program's impact on the ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and secondary school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete secondary school (or secondary school
equivalency requirements) and obtain employment after leaving
the correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under subsection (a)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(d) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating children
and youth.
``SEC. <<NOTE: 20 USC 6472.>> 1432. DEFINITIONS.
``In this part:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect
to a child, youth, or student, means a school aged individual
who is at-risk of academic failure, has a drug or alcohol
problem, is pregnant or is a parent, has come into contact with
the juvenile justice system in the past, is at least 1 year
behind the expected grade level for the age of the individual,
has limited English proficiency, is a gang member, has dropped
out of school in the past, or has a high absenteeism rate at
school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by
[[Page 115 STAT. 1592]]
a State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility,
other than a foster home, that is operated for the care
of children who have been committed to the institution
or voluntarily placed in the institution under
applicable State law, due to abandonment, neglect, or
death of their parents or guardians; or
``(B) a public or private residential facility for
the care of children who have been adjudicated to be
delinquent or in need of supervision.
